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FWOFair Work Ombudsman · 12 June 2024

Fair Work Ombudsman

Citation: FWO-2024-06-13-newcastle-frac-recoveries-media-release

At a glance

Penalty
$280,000
Employees affected
305

What happened

The Fair Work Ombudsman investigated 43 food outlets in Newcastle, New South Wales, following anonymous reports. The inspections focused on fast food, restaurant, and café businesses. Investigations found breaches of workplace law in 30 of the 41 finalised investigations. Thirty-five businesses underpaid employees, primarily failing to pay penalty rates and minimum wages. One business owed $82,583 to two casual workers who were not paid casual minimum wages, public holiday, and weekend loading. The Fair Work Ombudsman recovered a total of $281,729 for 305 employees.

What was decided

The Fair Work Ombudsman recovered $281,729 for 305 underpaid employees. Twenty-six Compliance Notices were issued, resulting in $277,006 in recoveries. Eight Infringement Notices were issued for record-keeping and payslip breaches, totaling $22,497 in fines. The Fair Work Ombudsman stated employers must follow wage laws and access available resources. Workers with concerns can contact the Fair Work Ombudsman anonymously.

What it means for employers

Employers in the food sector must ensure they are complying with all wage laws, including penalty rates for evening, night, weekend, and public holiday work. Employers should utilise the Fair Work Ombudsman’s online tools and resources to avoid breaches and potential penalties. Record-keeping and payslip compliance is also essential.

What it means for employees

Employees in the fast food, restaurant, and café sector have the right to receive minimum wages and penalty rates. Workers can anonymously report concerns about wage underpayment to the Fair Work Ombudsman without fear of repercussions, especially visa holders under the Assurance Protocol.

underpaymentpenalty-ratescasual-conversiongeneral-protectionswage-theftpayslipsrecord-keeping

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/june-2024/13062024-newcastle-frac-recoveries-media-release

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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

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